HomeMy WebLinkAboutC-3178 - River Avenue Street Reconstruction_a. _.._ d- f
STOP NOTICE -7
(California Civil Code Section 3103)
APR (a
NOTICE TO CITY OF NEWPORT BEACH
P.O. BOX 1768 NEWPORT BEACCA iu inS -
(If Private Job -file with responsible officer or person at office or
branch of construction lender administering the construction funds or
with the owner -CIVIL CODE SECTIONS 3156 -3175)
(IF Public Job -file with office of controller,auditor,or other public
disbursing officer whose duty it is to make payments under provisions of
the contract -CIVIL CODE SECTIONS 3179 -3214)
Prime Contractor: R C CEMENT E
Sub Contractor (If Any): ,
Owner or Public Body: CITY OF NEWPORT BEACH ,� 4
Improvement known as RIVER AVE. /BALBOA g ¢
County of ORANGE tJ
State of California.
Robertson's, Claimant, a Partnership, furnished certain
labor service, equipment or materials used in the above described
work of improvement. The name of the person or company to whom
claimant furnished service, equipment, or materials is
R C CEMENT
The kind of materials furnished or agreed to be furnished by claimant
was ready mix concrete, rock and /or sand materials.
Total
value
of labor,service,material
to be furnished ...... $
491.95
Total
value
of labor,service,materials
actually furnished..$
491.95
Credit
for materials returned, if any ......................$
0.00
Amount
paid
on account, if any .............................$
0.00
Amount
due
after deducting all just credits
and offsets .... $
491.95
YOU ARE HEREBY NOTIFIED to withhold sufficient monies held by you on
the above described project to satisfy claimant's demand in the amount of
$ 491.95 and in addition thereto sums sufficient to cover interest
court costs and reasonable costs of litigation, as provided by law.
A bond (CIVIL CODE SECTION 3083) is not attached.(Bond required with
Stop Notice served on construction lenders on private jobs -bond not
required on public jobs or on Stop Notice served on owner on private jobs)
Dated 04/12/99 Name and address of
Claimant ROBERTSON'S
P.O. Box 33140
Riverside, Calif. 92223
909- 85 -2200
By �/
uthorized Agent
VERIFICATION
I, the undersigned, state: I am the agent of the claimant named in the
foregoing Stop Notice; I have read said claim of Stop Notice and know
the contents thereof, and I certify that the same is true of my knowledge.
I certify (or declare) under penalty of perjury under the laws of the
State of California that the foregoi is true and correct.
Executed on 04/12/99 at Rivers' State of California.
Signature of claimant /Agent
April 7,1999
CIT1 OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
(949) 644 -3005
R. J. Noble Company
15505 E. Lincoln Avenue
Orange, CA 92865
Subject: River Avenue Street Rehabilitation, C -3178
To Whom It May Concern:
On February 8, 1999, the Citv Council of Newport Beach accepted the work of
the subject project and authorized the City Clerk to file a Notice of Completion
and to release the bonds 35 days after the Notice of Completion had been
recorded in accordance with applicable portions of the Civil Code.
The Notice of Completion was recorded by the Orange County Recorder on
March 3, 1999, Reference No. 1990152754. The Suretv for the contract is Federal
Insurance Company, and the bond number is 8155- 14 -77. Enclosed are the labor
& materials payment bond and the faithful performance bond.
Sincerely,
1 r
LaVonne M. Harkless, CMC /AAE
City Clerk
LH:cf
cc: Public Works Department
Horst Hlawaty, Construction Engineer
encl.
3300 Newport Boulevard, Newport Beach
0 0
PAGE 15
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
RIVER AVENUE STREET RECONSTRUCTION
CONTRACT NO. 3178
BOND NO. 8155 -14 -77
LABOR AND MATERIALS PAYMENT BOND
WHEREAS, the City Council of the City of Newport Beach, State of California, by motion
adopted, has awarded to R.J. Noble Company, hereinafter designated as the "Principal," a
contract for construction of River Avenue Street Reconstruction, Contract No. 3178 in the City of
Newport Beach, in strict conformity with the plans, drawings, specifications and other Contract
Documents in the office of the Public Works Department of the City of Newport Beach, all of which
are incorrorated 'herein by this reference.
WHEREAS, Principal has executed or is about to execute Contract No. 3178 and the
terns thereof require the furnishing of a bond, providing that if Principal or any of Principal's
subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon,
for, or about the performance of the work agreed to be done, or for any work or labor done
thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth:
NOW, THEREFORE, We the undersigned Principal, and,
duly authorized to transact business under the laws of the State of California, as Surety, (referred
to herein as "Surety') are held firmly bound unto the City of Newport Beach, in the sure of one
hundred seventy four thousand six hundred Nventy five and no /100 Dollars ($174,625.00)
lawrui money of the United States of America, said sum being equal to 100% of the estimated
amount payable by the City of Newport Beach under the terms of the Contract, for which payment
well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors,
or assigns, jointly and severally, firmly by these present.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's
subcontractors, fail to pay for any materials, provisions, or other supplies, implements or
machinery used in, upon, for, or about the performance of the work contracted to be done, or for
any other work or labor thereon of any kind, or for amounts due under the Unemployment
Insurance Code with respect to such work or labor, or for any amounts required to be deducted,
withheld and paid over to the Employment Development Department from the wages of
employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment
Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an
amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce
the obligations of this Bond, a reasonable attorney's fee, to be fixed by the Court as required by
the provisions of Section 3250 of the Civil Code of the State of California.
•
Ah
STATE OF CALIFORNIA
SS.
COUNTY OF RIVERSIDE
On r ='C �� , before me, ROSEMARY STANDLEY
PERSONALLY APPEARED SUSAN C. MONTEON
personally known to me (or proved to me on the basis of
satisfactory evidence) to be the person(s) whose name(s)
is /are subscribed to the within instrument and acknowl-
edged to me that he /she /they executed the same in his/
her /their authorized capacity(ies), and that by his /her/
their signature(s) on the instrument the person(s), or the
entity upon behalf of which the person(s) acted, executed
the instrument.
WITNESS my hand and official seal.
Signature
OPTIONAL
,. ROSEMARY STANDLEY
y COMM. #1080462 yy
e NOTARY PUELIC -CALIFORNIA w
RIVERSIDE COUNTY
X My Ccmm. Expires Wna 7.20W
This area for Official Notarial Seal
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
❑ INDIVIDUAL
❑ CORPORATE OFFICER
TITLE(s)
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL
ATTORNEYAN -FACT
TRUSTEE(S)
❑ GUARDIAN /CONSERVATOR
❑ OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON($) OR ENTITY(IES)
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
ID-OSI Rev.6 /94 ALL - PURPOSE ACKNOWLEDGEMENT
0
PAGE 16
The Bond shall inure to the benefit of any and all persons, companies, and corporations
entitled to file claims under Section 3181 of the California Civil Code so as to give a right of action
to them or their assigns in any suit brought upon this Bond, as required by and in accordance with
the provisions of Sections 3247 et. seq. of the Civil Code of the State of California.
And Surety, for value received, hereby stipulates and agrees that no change, extension of
time, alterations or additions to the terms of the Contract or to the work to be performed
thereunder or the specifications accompanying the same shall in any wise affect its obligations on
this Bond, and it does hereby waive notice of any such change, extension of time, alterations or
additions to the terms of the Contract or to the work or to the specifications.
In the event that any principal above named executed this Bond as an individual, it is
agreed that the death of any such principal shall not exonerate the Surety from its obligations
under this Bond.
IN WITNESS WHEREOF, this instrument has been duly executed by the above named
Principal and Surety, on the 25th day of JUNE 1998
R. J. NOBLE COMPANY
Name of Contractor (Principal)
FEDERAL INSURANCE COMPANY
Name of Surety
801 S. FIGUEROA ST. 23RD FLOOR
Address of Surety LOS ANGELES, CA 90017
(213) 612 -0880
Telephone
ut rized Signature/Title
GRACE, PRESIDENT
I
Authorized Agent Signature
SUSAN C. MONTEON, ATTORNEY -IN -FACT
Print Name and Title
NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED
State of CALIFORNIA
County of ORANGE
On JUNE 26, 1998 before me, M.A. GROSKOPF
(DATE) INASIE,TITLE OF OFFICER- i.e.'JANE DOE, NOTARY PUBUC'l
personally appeared JIM GRACE, PRESIDENT
INA.MEISI OF SIGNERISII
OF R. J. NOBLE COMPANY
personally known to me -OR- ❑
M.A. GROSKOPF
fi COMM. #1130198 0
NOTARY PUBLIC-CALIFORNIA
q ORANGE :OI INTY
N1y COMM. EXP. April 21 2001
proved to me on the
basis of satisfactory
evidence to be the
person(s) whose name(s)
is /are subscribed to the
within instrument and
acknowledged to me that
he /she /they executed the
same in his /her /their
authorized capacity(ies),
and that by his /her /their
signature(s) on the
instrumentthe person(s),
or the entity upon behalf
of which the person(s)
acted, executed the
instrument.
Witness my hand and official seal
ISI ATURE OF NOTARY
I
i
ATTENTION NOTARY
The information requested below and in the column to the right is OPTIONAL.
Recording of this document is not required by law and is also optional.
It could, however, prevent fraudulent attachment of this certificate to any
unauthorized document.
THIS CERTIFICATE Tale or Type of Document
MUST BE ATTACHED
TO THE DOCUMENT Number of Pages Data of Document
DESCRIBED AT RIGHT:
Signer(s) Other Than Named Above
WOLCOTTS FORM 03240 Rev. 3.04 (price close 63A) 01994 WOLCOTTS FORMS. INC.
ALL PURPOSE ACKNOWLEDGMENT WITH SIGNER CAPACITYPREPRESENTATIONRWO FINGERPRINTS
RIGHT THUMBPRINT (Optional)
CAPACITY CLAIMED BY SIGNERIS)
OINDIVIDUALIS)
MORPORATE
OFFICER(S)
OPARTNER(Sl ❑LIMITED
DGENERAL
OATTORNEY IN FACT
OTRUSTEEIS)
O GUARD IAN /CONSERVATOR
DOTHER:
SIGNER IS REPRESENTING:
(Nam. of Person(s) or Entitylies)
R. J. NOBLE COMPANY
RIGHT THUMBPRINT (Optional)
CAPACITY CLAIMED BY SIGNERIS)
OINDIVIDUAL(S)
OCORPORATE
OFFICERis)
(nTLE9)
OPARTNEMSI OLIMITED
OGENERAL
❑ATTORNEY IN FACT
OTRUSTEE(S)
O GU ARD IAN /CONSERVATOR
OOTHER:
SIGNER IS REPRESENTING:
(Name of Personls) or Entitylies)
7 IIIII67775 III I III I40 II $
0
PAGE 17
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
RIVER AVENUE STREET RECONSTRUCTION
CONTRACT NO. 3178
BOND NO. 8155 -14 -77
FAITHFUL PERFORMANCE BOND
The premium charges on this Bond is $
being at the rate of $ thousand of the Contract price.
WHEREAS, the City Council of the City of Newport Beach, State of California, by motion
adopted, awarded to R.J. Noble Company, hereinafter designated as the "Principal ", a contract for
construction of River Avenue Street Reconstruction, Contract No. 3178 in the City of Newport
Beach, in strict conformity with the plans, drawings, specifications, and other Contract Documents
maintained in the Public Works Department of the City of Newport. Beach, all of which are
incorporated herein by this reference.
WHEREAS. Principal has executed or is about to execute Contract No. 3178 and the
terms thereof require the furnishing of a Bond for the faithful performance of the Contract;
NOW, THEREFORE, we, the Principal, and FEDERAL INSURANCE COMPANY
, duly authorized to transact business under the laws of the State
of California as Surety (hereinafter "Surety "), are held and firmly bound unto the City of Newport
Beach, in the sum of one hundred seventy four thousand six hundred twenty five and no /100
Dollars ($174,625.00), lawful money of the United States of America, said sum being equal to
100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its
successors, and assigns; for which payment well and truly to be made, we bind ourselves, our
heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these
present.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's
heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep
and perform any or all the work, covenants, conditions, and agreements in the Contract
Documents and any alteration thereof made as therein provided on its part, to be kept and
performed at the time and in the manner therein specified, and in all respects according to its true
intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach,
its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the
same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall
become null and void.
STATE OF CALIFORNIA
SS.
COUNTYOF RIVERSIDE
On (P /'aFJ �� _ , before me, ROSEMARY STANDLEY
PERSONALLY APPEARED SUSAN C. MONTEON
personally known to me (or proved to me on the basis of
satisfactory evidence) to be the person(s) whose name(s)
is /are subscribed to the within instrument and acknowl-
edged to me that he /she /they executed the same in his/
her /their authorized capacity(ies), and that by his /her/
their signature(s) on the instrument the person(s), or the
entity upon behalf of which the person(s) acted, executed
the instrument.
WITNESS my hand and official seal.
Signature
OPTIONAL
ROSEMARY STANDLEY
y CO,y'PlU #1090462 s
• NOTARY PU611C - CA! IFORNIA N
RIVERS0E COUNTY
My Comm. EJ;ir¢a Mme 7, 2000
This area for OFidal Notarial Seal
Though the data below is not required by law, It may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
❑ INDIVIDUAL
❑ CORPORATE OFFICER
TITLE(S)
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL
ATTORNEY -IN -FACT
TRUSTEE(S)
❑ GUARDIAN /CONSERVATOR
❑ OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
to -r>at Re, 6/94 ALL - PURPOSE ACKNOWLEDGEMENT
PAGE 18
As a part of the obligation secured hereby, and in addition to the face amount specified in
this Performance Bond, there shall be included costs and reasonable expenses and fees,
including reasonable attorneys fees, incurred by the City, only in the event the City is required to
bring an action in law or equity against Surety to enforce the obligations of this Bond.
Surety, for value received, stipulates and agrees that no change, extension of time,
alterations or additions to the terms of the Contract or to the work to be performed thereunder or
to the specifications accompanying the same shall in any way affect its obligations on this Bond,
and it does hereby waive notice of any such change, extension of time, alterations or additions of
the Contract or to the work or to the specifications.
This Faithful Performance Bond shall be extended and maintained by the Principal in full
force and effect for six (6) months following the date of formal acceptance of the Project by the
City.
In the event that the Principal executed this bond as an individual, it is agreed that the
death of any such Principal shall not exonerate the Surety from its obligations under this Bond.
IN WITNESS WHEREOF this instrument has been duly executed by the Principal Gnd
Surety above named, on the 25tfr day of _JUNE 1998
R. J. NOBLE COMPANY
Name of Contractor (Principal) Au orized Signature/Title
GRACE, PRESIDENT
FEDERAL INSURANCE COMPANY
Name of Surety Authorized Agent Signature
801 S. FIGUEROA ST. 23RD FLOOR SUSAN C. MONTEON, ATTORNEY -IN -FACT
Address of SuretyLOS ANGELES, CA 90017 Print Name and Title
(213) 612 -0880
Telephone
NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED
State of CALIFORNIA
County of ORANGE
On JUNE 26, 1998 before me, M.A. GROSKOPF
(DArEI Iry A.M EJI%E Of CPnCER- i.s.'JANE DOE, NOTARY PUBLIC -I
personally appeared JIM GRACE, PRESIDENT
INTMEISI OF SIGNER(SR
OF R. J. NOBLE COMPANY
personally known to me -OR- ❑
U=y.� I. NOTARY PUELIC- CALIFORNIA j
O r; � ORANGE COUNTY
proved to me on the
basis of satisfactory
evidence to be the
person(s) whose name(s)
Is /are subscribed to the
within instrument and
acknowledged to me that
he /she /they executed the
same in his /her /their
authorized capacity(ies),
and that by his /her /their
signature(s) on the
instrument the person(s),
or the entity upon behalf
of which the person(s)
acted, executed the
instrument.
Witness my hand and official seal
(SEAL) ✓ //� /l F ��
ATTENTION NOTARY
The information requested below and in the column to the right is OPTIONAL.
Recording of this document is not required by law and is also optional.
It could, however, prevent fraudulent attachment of this certificate to any
unauthorized document.
THIS CERTIFICATE
MUST BE ATTACHED
TO THE DOCUMENT
DESCRIBED AT RIGHT:
Title or Type of Document
Number of PAges Date of
Signer(s) Other Than Named Above
WOLCOTTS FORA/ 63340 R". 3 -94 (price class 6.3AI 01994 WOLCOTTS FORMS, INC.
ALL PURPOSE ACKNOWLEDGMENT WITh SIGNER CAPACITYBEPKESENTATIONRWO FINGEFPRINTS
RIGHT THUMBPRINT IOptionall
0
CAPACITY CLAIMED BY SIGNERIS)
OINDIVIDUALIS)
MORPORATE
OFFICER(S)
OPARTNER(S) OLIMITED
DGENERAL
❑ATTORNEY IN FACT
DTRUSTEE(S)
❑ G U A R D IA N IC O N S E R V ATOR
❑OTHER:
SIGNER 1S REPRESENTING:
(Name of Parson(s) or Entity(iaq
P,. J. NOBLE COMPANY
RIGHT THUMBPRINT (Optional)
C
0
CAPACITY CLAIMED BY SIGNERIS)
OINDIVIDUAL(S)
OCORPORATE
OFFICERIS)
(TITIESI
DPARTNERIS) DLIMITED
DGENERAL
DATTORNEY IN FACT
OTRUSTEE(S)
OG UARD IANlCONS ERVATO R
❑OTHER:
SIGNER IS REPRESENTING:
blame of Person(F) or Entityliesl
67775 111► I1�I�40glll 8
0
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
City Clerk
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92663
0
Recorded in the County of Orange, California
Gary L. Gr..anv.ille, Clerk /Recorder
No Fee
005 1701381 „3990152154 12;31pm 03/03/99
N12 1 6.00 0.()0 0.00 0.00 0.00 0.00
"Exempt from recording fees
pursuant to Government Code Section 6103"
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard,
Newport Beach, California, 92663, as Owner, and R. J. Noble Company of Orange,
California, as Contractor, entered into a Contract on June 22, 1998. Said Contract set
forth certain improvements, as follows:
River Avenue Street Rehabilitation, C -3178.
Work on said Contract was completed on November 6, 1998, and was found to be
acceptable on November 9, 1999, by the City Council. Title to said property is vested in
the Owner, and the S�ety for said Contract is Federal Insurance Company.
$1
BY
Public Works Director
City of Newport Beach
VERIFICATION
I certify, under penalty of perjury, that the foregoing is true and correct to the best of my
knowledge.
Executed on r b , /c'
BY 61b -7,lC �0) �L, 4 1 �
City Clerk
at Newport Beach, California.
19
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4p
lei
is
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6
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ON
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N
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114
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U
$1
BY
Public Works Director
City of Newport Beach
VERIFICATION
I certify, under penalty of perjury, that the foregoing is true and correct to the best of my
knowledge.
Executed on r b , /c'
BY 61b -7,lC �0) �L, 4 1 �
City Clerk
at Newport Beach, California.
19
i
4p
lei
0
•
0 0
February 8, 1999
CITY COUNCIL AGENDA
ITEM NO. 6
F—CITY ry ,
TO: MAYOR AND MEMBERS OF THE CITY COUNCIL ; FB 8
FROM: PUBLIC WORKS DEPARTMENT L
APPROVED cap;
SUBJECT: RIVER AVENUE STREET REHABILITATION, CONTRACT NO. 3178 -
COMPLETION AND ACCEPTANCE
RECOMMENDATIONS:
1. Accept the work.
2. Authorize the City Clerk to file a Notice of Completion.
3. Authorize the City Clerk to release the bonds 35 days after the Notice of Completion
has been recorded in accordance with applicable portions of the Civil Code.
4. Authorize $15,000.00 from the amount remaining in the River Avenue Street
Rehabilitation Project (Account No. 7013- C5100364), for the purchase and planting
of Queen Palm trees along the south side of River Avenue.
5. Authorize a budget amendment to transfer $9,500.00 from the River Avenue
Reconstruction (Account No. 7013- C5100364) to the Sidewalk, Curb and Gutter
Replacement (Account No. 7013- C5100020).
DISCUSSION:
On June 22, 1998, the City Council authorized the award of the River Avenue Street
Rehabilitation contract to R. J. Noble Company of Orange, California. The contract
provided for the resurfacing of River Avenue with asphalt concrete, and the
reconstruction of curb & gutter, sidewalk, curb access ramps and cross gutters. The
contract has been completed to the satisfaction of the Public Works Department. A
summary of the contract costs are as follows:
Original bid amount: $174,625.00
Actual amount of bid items constructed: 167,528.04
Total amount of change orders: 0.00
Final contract cost: $167,528.04
SUBJECT: River Avenue Street R WCtion, ConlraCt No. 3178 - Completion and Acc ce
February 8, 1999
Page 2
The decrease in the amount of actual Ibid items constructed over the original bid amount •
resulted from a decrease of actual bi item quantities as measured in the field. There
were no change orders issued on thi project. The final overall construction cost was
4.2% below the original bid amount. ,
Funds for the project in the amount of $192,087.00 were budgeted in the General Fund,
River Avenue Street Reconstruction, ccount No. 7013- C5100364. Based on the final
project costs, a balance of $24,559.0 remains in the project account and may be used
for other projects.
The residents along River Avenue he
the street. It is recommended that $1
used for planting Queen Palm trees
Sands Association has agreed to w�
budget amendment to transfer $9,50
Replacement, Account No. 7013 -051
All work was completed by
of November 9, 1998.
Respectfully submitted,
63
PUBLIC WORKS DEPARTMENT
Don Webb, Director
0
\Unis
I
L/
i
Horst Hlawaty, P.E.
Construction Engineer I
requested that Queen Palms be installed along
D0.00 remaining in the River Avenue account be
ing the south side of River Avenue. The Lido .
these trees. In addition, staff recommends a
to the FY 1998 -99 Sidewalk, Curb and Gutter
6, 1998, ahead of the scheduled completion date
•
L J
CI* of Newport Beach • NO. BA- 045
BUDGET AMENDMENT
1998 -99 AMOUNT: Ss,soo.00
IECT ON BUDGETARY FUND BALANCE:
Increase Revenue Estimates Increase in Budgetary Fund Balance
Increase Budget Appropriations AND Decrease in Budgetary Fund Balance
X Transfer Budget Appropriations X No effect on Budgetary Fund Balance
rX from existing budget appropriations
from additional estimated revenues
from unappropriated fund balance
EXPLANATION:
This budget amendment is requested to provide for the following:
To transfer funds from the balance of the River Avenue Street Reconstruction account to the Sidewalk, Curb and Gutter
Replacement account. The balance in the River Avenue Street Reconstruction account is $24,559. Public Works would also
like to purchase Queen Palm trees with the remaining portion (appro)imately $15,000) of the balance of the River Avenue Street
account. Prior budget amendments have reduced the Sidewalk, Curb and Gutter Replacement account by $100,000 in '96,
$109,350 in'97 and $49,780 in'98. This budget amendment adds back $9,500. See bullet points in the council report.
Both of these capital project accounts are in the General Fund.
ACCOUNTING ENTRY:
BUDGETARY FUND BALANCE
Fund Account
General Fund
&NUE APPROPRIATIONS (3601)
Fund /Division Account
EXPENDITURE APPROPRIATIONS (3603)
Description
Description
Amount
Debit Credit
Signed:
City Council Approval: City Clerk
Date
Description
Division
Number 7013 Street
Account
Number C5100364 River Avenue Street Reconstruction
$9,500.00
Division
Number 7013 Street
Account
Number C5100020 Sidewalk, Curb, Gutter Replacement Program
$9,500.00
Division
Number
Account
Number
Division
Number
Account
Number
Division
Number
Account
Number
Automatic System Entry.
Signed;
� C
Financial Approval: Fi
ance Dir t
Dfate
0d:
422-2'
Ad inistrative Approval: City Manager
Date
Signed:
City Council Approval: City Clerk
Date
Ciib of Newport Beach
BUDGET AMENDMENT
1998 -99
ECT ON BUDGETARY FUND BALANCE:
Increase Revenue Estimates
Increase Budget Appropriations AND
X Transfer Budget Appropriations
�X from existing budget appropriations
from additional estimated revenues
from unappropriated fund balance
EXPLANATION:
NO. BA- 045
AMOUNT: se,sao.00
Increase in Budgetary Fund Balance
Decrease in Budgetary Fund Balance
PX No effect on Budgetary Fund Balance
rCITr �c ilk aCFi
FEB 8
This budget amendment is requested to provide for the following:
To transfer funds from the balance of the River Avenue Street Reconstruction account to the Sidewalk, Curb and Gutter
Replacement account. The balance in the River Avenue Street Reconstruction account is $24,559. Public Works would also
like to purchase Queen Palm trees with the remaining portion (approximately $15,000) of the balance of the River Avenue Street
account. Prior budget amendments have reduced the Sidewalk, Curb and Gutter Replacement account by $100,000 in '96,
$109,350 in'97 and $49,780 in'98. This budget amendment adds back $9,500. See bullet points in the council report.
Both of these capital project accounts are in the General Fund.
ACCOUNTING ENTRY:
BUDGETARY FUND BALANCE
Fund Account
General Fund
k� VENUE APPROPRIATIONS (3601)
Fund /Division Account
EXPENDITURE APPROPRIATIONS (3603)
Description
Description
Description
Division Number 7013 Street
Account Number C5100364 River Avenue Street Reconstruction
Amount
Debit Credit
$9,500.00
Division
Number 7013 Street
Account
Number C5100020 Sidewalk, Curb, Gutter Replacement Program
$9,500.00
Division
Number
Account
Number
Division
Number
Account
Number
Division
Number
Account
Number
Automatic System Entry.
Signed:
nn � nn
�LCr�tCf/ r� 1���/l�C
Dfate
Financial Approval: Fi ante Di r ct
ed:
�
iGi
Ad 'm trative Approval: City Manager
Date
Signed:
M ,
l/ 1tl 1 7v I t I ,
d
City Council Approval: City Clerk
Date
CITY CLERK
PAGE 1
CITY OF NEWPORT BEACH
NOTICE INVITING BIDS
Sealed bids may be received at the office of the City Clerk,
3300 Newport Boulevard, P.O. Box 1768
Newport Beach, CA 92658 -8915
until 11:00 a.m. on the 9th day of June, 1998,
at which time such bids shall be opened and read for
RIVER AVENUE STREET RECONSTRUCTION
Title of Project
Contract No. 3178
$210,000
Engineer's Estimate
Approved by
Bill Pafaooff
City Engineer
Prospective bidders may obtain one set of bid documents at no cost
at the office of the Public Works Department, 3300 Newport
Boulevard, P. O. Box 1768, Newport Beach, CA 92658 -8915.
For further information, call Fong Tse, Proiect Manager at (949) 644 -3340.
I9[6*A
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
RIVER AVENUE STREET RECONSTRUCTION
CONTRACT NO. 3178
INSTRUCTIONS TO BIDDERS
The following documents shall be completed, executed and received by the City Clerk in
accordance with NOTICE INVITING BIDS:
INSTRUCTIONS TO BIDDERS
BIDDER'S BOND
DESIGNATION OF SUBCONTRACTORS
TECHNICAL ABILITY AND EXPERIENCE REFERENCES
NON - COLLUSION AFFIDAVIT
PROPOSAL
2. Cash, certified check or cashier's check (sum not less than 10% of the total bid price) may be
received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid"
shall be clearly marked on the outside of the envelope containing the documents.
3. The City of Newport Beach will not permit a substitute format for the Contract Documents
listed above. Bidders are advised to review their content with bonding and legal agents prior
to submission of bid.
4. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently
authorized by the Insurance Commissioner to transact business of insurance in the State of
California, and (2) listed as an acceptable surety in the latest revision of the Federal Register
Circular 570.
5. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to
allow the comparison of total bid prices.
6. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied
by unit price submitted by the bidder. In the event of discrepancy between wording and
figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of
estimated quantity by unit price, the correct multiplication will be computed and the bids will be
compared with correctly multiplied totals. The City shall not be held responsible for bidder
errors and omissions in the PROPOSAL.
The City of Newport Beach reserves the right to reject any or all bids and to waive any minor
irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the
request and expense of the Contractor, securities shall be permitted in substitution of money
withheld by the City to ensure performance under the contract.
• 4
PAGE 3
The securities shall be deposited in a state or federal chartered bank in California, as the
escrow agent.
8. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial
Relations has ascertained the general prevailing rate of per diem wages in the locality in which
the work is to be performed for each craft, classification, or type of workman or mechanic
needed to execute the contract. A copy of said determination is available in the office of the
City Clerk. All parties to the contract shall be governed by all provisions of the California
Labor Code relating to prevailing wage rates (Sections 1770 -7981 inclusive).
9. The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5
of the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public
Contracts Code, "Subletting and Subcontracting Fair Practices Act".
10. All documents shall bear signatures and titles of persons authorized to sign on behalf of the
bidder. For corporations, the signatures shall be of a corporate officer or an individual
authorized by the corporation. For partnerships, the signatures shall be of a general partner.
For sole ownership, the signature shall be of the owner.
The signature below represents that the above has been reviewed.
A- 121735 A
Contractor's License No. & Classification
R. J. NOBLE COMPANY
Bidder
jwt
Authorized Signature/Zi
PAUL H. CLEARY, JR, PRESIDENT
June 9, 1998
Date
SEE ATTACHED BID BOND
• it
PAGE
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
RIVER AVENUE STREET RECONSTRUCTION
CONTRACT NO. 3178
BIDDER'S BOND
We, the undersigned Principal and Surety, our successors and assigns, executors, heirs
and administrators, agree to be jointly and severally held and firmly bound to the City of
Newport Beach, a charter city, in the principal sum of dollars
($ ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the
undersigned Principal for the construction of River Avenue Street Reconstruction, Contract No.
3178 in the City of Newport Beach, is accepted by the City Council of the City of Newport
Beach and the proposed contract is awarded to the Principal, and the Principal fails to duly
enter into and execute the Contract Documents for the construction of the project in the form
required within ten days (10) (not including Saturday, Sunday, and federal holidays) after the
date of the mailing of Notice of Award; otherwise this obligation shall become null and void.
If the undersigned Principal executing this Bond is executing this Bond as an individual,
it is agreed that the death of any such Principal shall not exonerate the Surety from its
obligations under this Bond.
Witness our hands this day of , 19_
Name of Contractor (Principal) Authorized SignaturelTitle
Name of Surety
Address of Surety
Telephone
Authorized Agent Signature
Print Name and Title
(Notary acknowledgment of Principal & Surety must be attached)
CHUBB`ROUP OF INSURAN(o COMPANIES
CHUg1E3 15 Mountain View Road. P. O. Box. 1615. \Vanen. New Jersey 070614615
FEDERAL INSURANCE COMPANY
I:au31 -1*0 7
Bond No. 81370906 -1 Amount S 10% OF BID
That we,
Know All Men By These Presents,
R.J. NOBLE COMPANY
(hereinafter called the Principal),
as Principal, and the FEDERAL INSURANCE COMPANY, Warren, New Jersey, a corporation duly organized under
the laws of the State of Indiana, (hereinafter called the Surety), as Surety, are held and firmly bound unto
CITY OF NEWPORT BEACH
(hereinafter called the Obligee),
in the sum of TEN PERCENT OF THE AMOUNT OF THE BID Dollars
(S 10% OF BID ), for the payment of which we, the said Principal and the said Surety, bind ourselves,
our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
Sealed with our seals and dated this 22nd day of MAY
A. D. nineteen hundred and 98
WHEREAS, the Principal has submitted a bid, dated JUNE 9
for
RIVER AVENUE STREET RECONSTRUCTION (3178)
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Obligee shall accept the bid
of the Principal and the Principal shall enter into a contract with the Obligee in accordance with such bid and
give bond with good and sufficient surety for the faithful performance of such contract, or in the event of the failure
of the Principal to enter into such conlract and give such bond, if the Principal shall pay to the Obligee the dif-
ference, not to exceed the penalty hereof, between the amount specified in said bid and the amount for which
the Obligee may legally contract with another party to perform the work covered by said bid, it the latter amount
be in excess of the former, then this obligation shall be null and void, otherwise to remain in full force and effect.
R.J. NOBLE MPANY
P i pal
By-
4
PAUL H. CLEARY, R,. PRESIDENT
FEDERALINSURAN COMPANY
M CHAEL D. NG ATTORN -IN -FACT
mnu
1 � � ,.
r
STATE OF CALIFORNIA
SS.
COUNTY OF RIVERSIDE
On — .1 9 � , before me, ROSEMARY STANDLEY
PERSONALLY APPEARED MICHAEL D. STONG
personally known to me (or proved to me on the basis of
satisfactory evidence) to be the person(s) whose name(s)
is /are subscribed to the within instrument and acknowl-
edged to me that he /she /they executed the same in his/
her /their authorized capacity(ies), and that by his /her/
their signature(s) on the instrument the person(s), or the
entity upon behalf of which the person(s) acted, executed
the instrument.
WITNESS my hand and official seal.
Signature
OPTIONAL
-� ROSEMARY STANDLEY
(
v `�"
\
0462 ]J
NoARrc CALIFORNIA N
\\
RIVERSIDE cOuNTY
kly Cantu, ExNres June 7, 2WO
This area for Official Notarial Seal
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
❑ INDIVIDUAL
❑ CORPORATE OFFICER
TrME(S) - --
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL
ATTORNEY -IN -FACT
TRUSTEE(S)
❑ GUARDIAN /CONSERVATOR
❑ OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTrN(IES)
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
ID -oat Rev. eiva ALL - PURPOSE ACKNOWLEDGEMENT
• 0.
POWER OF ATTORNEY
FEDERAL INSURANCE COMPANY
ATTN: SURETY DEPARTMENT
15 Mountain View Road, Warren, NJ 07059
Telephone: (908) 903 -2000
Fax No.: (908) 903 -3656
Know all Men by these Presents, That FEDERAL INSURANCE COMPANY, an Indiana Corporation, has constituted and
appointed, and does hereby constitute and appoint Michael D. Stong, Rosemary Standley, Susan C. Monteon and
Shawn Blume of Riverside, California------------------------------------------- -- -- -- --------- ---- ------ ---- --
each its true and IawfulAttomey -in -Fad to execute under such designation in its name and to affix its corporate seal to and deliver
for and on its behalf as surety thereon or otherwise, bonds of any of the following classes, to -wit:
1. Bonds and Undertakings (other than Bail Bonds) filed in any suit, matter or proceeding in any Court, or filed with any
Sheriff or Magistrate, for the doing or not doing of anything specified in such Bond or Undertaking.
2. Surety bonds to the United States of America or any agency thereof, including those required or permitted under the
laws or regulations relating to Customs or Internal Revenue; License and Permit Bonds or other indemnity bonds.
under the laws, ordinances or regulations of any State, City, Town, Village, Board or other body or organization, public
or private; bonds to Transportation Companies, Lost Instrument Bonds; Lease Bonds, Workers' Compensation Bonds,
Miscellaneous Surety Bonds and bonds on behalf of Notaries Public, Sheriffs, Deputy Sheriffs and similar public
officials.
3. Bonds on behalf of contractors in connection with bids, proposals or contracts.
In Witness Whereof, the said FEDERAL INSURANCE COMPANY has, pursuant to its By -Laws, caused these presents to
be signed by its Vice President and Assistant Secretary and its corporate seal to be hereto affixed this loth
day/of- ,.yRloyer, 19 95
t `c
Assistant Secretary
STATE OF NEW JERSEY i as.
County of Somerset f
FEDERAL INSURANCE COMPANY
BY
Gerardo G. Mauriz
Vice President
On this lOtb day of November 19 95, before me personally came Kenneth C. Wendel to me known and by
me known to beAssistant Secretary of FEDERAL INSURANCE COMPANY, the corporation described in and which executed the
foregoing Power of Attorney, and the said Kenneth C. Wendel being by me duly swom, did depose and say that he is Assistant
Secretary of FEDERAL INSURANCE COMPANY and knows the corporate seal thereof; that the seal affixed to the foregoing
Power of Attorney is such corporate seal and was thereto affixed by authority of the By -Laws of said Company, and that he signed
said Power of Attorney asAssistant Secretary of said Company by like authority; and that he is acquainted with Gerardo G. Mauriz
and knows him to be the Vice President of said Company, and that the signature of said Gerardo G. Mauriz subscribed to said
Power of Attorney is in the genuine handwriting of said Gerardo G. Mauriz and was thereto subscribed by authority of said By-
Laws and in deponent's presence.
Notarial Seal
• '• Acknowledged and Sworn to before me
on the date above written.';
a r
`.` Notary Public
IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM, VERIFY THE AUTHENTICITY OF THIS BOND OR
NOTIFY US OF ANY OTHER MATTER, PLEASE WRITE TO US AT THE ADDRESS LISTED ABOVE.
Form 15100134 (Rw..904) GENERAL
Notary Public.
Commission Ext:irec
CERTIFICATION
STATE OF NEW JERSEY l as.
County of Somerset f
I, the undersigned, Assistant Secretary of FEDERAL INSURANCE COMPANY, do hereby certify that the following is a true
excerpt from the By -Laws of the said Company as dopted by its Board of Directors and that this By -Law is in full force and effect.
'ARTICLE XVIII.
Section 2. All bonds, undertakings, contracts ai id other instruments other than as above for and on behalf of the Company
which it is authorized by law or its charter to execute, may and shall be executed in the name and on behalf of the Company
either by the Chairman or the Vice Chairman oi the President or a Vice President, jointly with the Secretary or an Assistant
Secretary, under their respective designations, except that any one or more officers or attomeys -in -fact designated in any
resolution of the Board of Directors or the Exeautive Committee, or in any power of attorney executed as provided for in
Section 3 below, may execute any such bond, undertaking or other obligation as provided in such resolution or power of
attorney.
Section 3. All powers of attorney for and on be
the Company, either by the Chairman or the
President, jointly with the Secretary or an Ass
officers may be engraved, printed or lithograp
man, President, any Vice President, any Assi:
the Company may be affixed by facsimile to ai
Secretaries or Attomeys -in -Fad for purposes
obligatory in the nature thereof, and any such
seal shall be valid and binding upon the Coml
hue and facsimile seal shall be valid and bind
attached.'
ff of the Company may and shall be executed in the name and on behalf of
ice Chairman or the President or a Vice President or an Assistant Vice
ant Secretary, under their respective designations. The signature of such
d. The signature of each of the fallowing officers: Chairman, Vice Chair -
nt Vice President, any Secretary, any Assistant Secretary and the seal of
power of attorney or to any certificate relating thereto appointing Assistant
ily of executing and attesting bonds and undertakings and other writings
rwer of attorney or certificate bearing such facsimile signature or facsimile
iy and any such power so executed and certified by such facsimile signa-
1 upon the Company with respect to any bond or undertaking to which it is
I further certify that said FEDERAL INSURANCE COMPANY is duly licensed to transact fidelity and surety business in each of
the States of the United States of America, Dist ct of Columbia, Puerto Rico, and each of the Provinces of Canada with the
exception of Prince Edward Island; and is also d ly licensed to become We surety on bonds, undertakings, etc., permitted or
required by the law.
I, the undersigned Assistant Secretary of FEDERAL INSURANCE COMPANY, do hereby certify that the foregoing Power of
Attorney is in full force and effect.
I Q
Given under my hand and the seal of said Com any at Warren, N.J., this P day of 19!
I
Assistant Secretary
1
State Of CALIFORNIA
County of ORANGE
On May 26, 1998 before me, M. A. GROSKOPF
(DATE" (NAMErTITLE OF OFFICER- iA. -lANE DOE, NOTARY PUBLIC"
personally appeared PAUL H. CLEARY, JR., PRESIDENT OF
(NAM E(S) OF SIGNERISII
R. J. NOBLE COMPANY
U personally known to me e— err theE
ev+dePeee to be the
person(ft) whose name(*)
Is /Am subscribed to the
within instrument and
acknowledged to me that
he /she /they executed the
same in hisA611111111111N
authorized capac_ity{s1111,
and that by his
a # GGMM. #1130198 p signature(o) on the
-V= ® NpTARYPUBLIC- CALIFORNIAo instrument theperson(6),
Mvco AAANE PCAamif 2�f or the entity upon behalf
of which the person(A)
acted, executed the
----i[lstrument.
(SEAL)
Witness mm�hand and offici4l seal
ATTENTION NOTARY
The information requested below and in the column to the right is OPTIONAL.
Recording of this document is not required by law and is also optional.
It could, however, prevent fraudulent attachment of this certificate to any
unauthorized document.
THIS CERTIFICATE Title or Type of Document
MUST BE ATTACHED
TO THE DOCUMENT Number of Pages Date of Document
DESCRIBED AT RIGHT:
RIGHT THUMBPRINT (Optional)
a
`o
CAPACITY CLAIMED BY SIGNER(SI
OINDIVIDUAL(S)
$$CORPORATE
OFFICERIS)
(TIT"
OPARTNERIS) OLIMITED
OGENERAL
OATTORNEY IN FACT
OTRUSTEE(S)
O G UARD IANICON SER VATOR
OOTHER:
SIGNER IS REPRESENTING:
(Name of Personls) or Entky(ies)
R. J. NOBLE COMPANY
RIGHT THUMBPRINT (Optionall
3
a
0
s
0
CAPACITY CLAIMED BY SIGNER(S)
OINDIVIDUALIS)
OCORPORATE
OFFICER(S)
mTLES)
OPARTNER(S) OLIMITED
OGENERAL
OATTORNEY IN FACT
OTRUSTEEIS)
OGUARDIAN)CONSERVATOR
OOTHER:
- Si9mr(s) Other Than Named Above
SIGNER IS REPRESENTINO:
IName of Person(s) or Entky(ies)
WOLCOTTS FORM 63240 Mv. 104 Wice tlrs B -2AI 01994 WOLCOTTS FOAMS, INC.
ALL PURPOSE ACKNOWLEDGMENT WITH SIGNER CAPACITYIREPRESENTATION / tWO FINGERPRINTS'' '
i 67775 63240
0 0
PAGE 5
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
RIVER AVENUE STREET RECONSTRUCTION
CONTRACT NO. 3178
DESIGNATION OF SUBCONTRACTOR(S)
State law requires the listing of all subcontractors who will perform work in an amount in
excess of one -half of one percent of the Contractor's total bid. If a subcontractor is not listed, the
Contractor represents that he /she is fully qualified to and will be responsible for performing that
portion of the work. Substitution of subcontractors shall be made only in accordance with State
law and /or the Standard Specifications for Public Works Construction, as applicable.
Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted
for any monies to be withheld to ensure performance under the Contract.
The Bidder, by signing this designation, certifies that bids from the following
subcontractors have been used in formulating the bid for the project and that these subcontractors
will be used subject to the approval of the Engineer and in accordance with State law. No
changes may be made in these subcontractors except with prior approval of the City of Newport
Beach.
Subcontract Work Subcontractor Address
1.
Concrete
R.C. Cement Contractor
4071 E. La Palma
2.
Manholes
Ramirez Construction
Anaheim, CA 92807
28015 Currier Rd.
3
Cold Milling
Pavement Recycling
Walnut, CA 917
P.O. Box 1266
4.
Striping
Systems
J & S Sign Co.
Riverside,
822 W. Katella Ave.
5.
Orange, CA 92867
6.
7.
8.
V1
10.
R. J. NOBLE COMPANY
Bidder Authorized Signature/7y'
PAUL H. CLEARY, JR., PRESIDENT
4 ' 0
PAGE 6
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
RIVER AVENUE STREET RECONSTRUCTION
CONTRACT NO. 3178
TECHNICAL ABILITY AND EXPERIENCE REFERENCES
The undersigned submits herewith a statement of the work of similar character to that
proposed herein which he /she has performed and successfully completed.
Year Project Person Telephone
Completed Name /Agency To Contact Number
5198 CITY OF VILLA PARK 714- 998 -1500
5/98
STREET MAINTENANCE PROGRAM VARIOUS LCOATIONS, VILLA PARK
5/98
CITY OF COSTA MESA
TOM BANKS
714- 754 -5029
5/98
FAIRVIEW ROAD REHAB.
FROM PAULA_RINO CHANNEL TO ECR NORTH BAKER ST.
4/98
CITY OF ANAHEIM
DAVE NELSON
714- 254 -5126
4/98
LA PALMA AVENUE ST.
IMPTS., ANAHEIM
1/98
CITY OF WESTMINSTER
MOHAB
714- 898 -3311
1/98
MILAN ST., HUMBOLDT
& HAMMON PLACE, WESTMINSTER
1/98
CITY OF TUSTIN
DAVE BALBAS
714 -573 -3000
1/98
NEWPORT AV., FROM MC FADDEN TO HOLT & EL
CAMINO REAL TO NEWPORT
2/98
CITY OF ORANGE
AMIR
714 -744 -5525
2/98
TUSTIN ST. FROM COLLINS TO BIXTY, ORANGE
2/98
CITY OF SANTA ANA
DAVE URBIN
714 -565 -4028
2/98 SEVENTEENTH
12/97. CITY OF BUE
12/98 RESIDENTIAL
R. J. NOBLE COMPANY
Bidder
ST. REHAB. CABRILLO PARK TO TUSTIN, SANTA ANA
VA PARK NA11TL 714 -562 -3500
ST. RECONST., BUENA PART
Authorized Signature/Title
PAUL H. CLEARY, JR,. PRESIDENT
0 0
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
RIVER AVENUE STREET RECONSTRUCTION
CONTRACT NO. 3178
NON - COLLUSION AFFIDAVIT
State of California )
) ss.
County of Orange
PAGE
PAUL H. CLEARY, JR. ' being first duly sworn, deposes and says that he or she is
PRESIDENT of R. J NOBLE COMPANY , the party making the foregoing bid;
that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership,
company, association, organization, or corporation; that the bid is genuine and not collusive or
sham; that party making the foregoing bid; that the bid is not made in the interest of, or on behalf
of, any undisclosed person, partnership, company, association, organization, or corporation; that
the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced
or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly
colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or
that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly,
sought by agreement, communication, or conference with anyone to fix the bid price of the bidder
or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any
other bidder, or to secure any advantage against the public body awarding the contract of anyone
interested in the proposed contract; that all statements contained in the bid are true; and, further,
that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown
thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will
not pay, any fee to any corporation, partnership, company association, organization, bid
depository, or to any member or agent thereof to effectuate a collusive or sham bid.
I declare under penalty of perjury of the laws of the State of California that the foregoing is true
and correct.
R. J. NOBLE COMPANY
Bidder
to before
r,44 /40(
Authorized Signature(T
PAUL H. CLEARY, JR, PRESIDENT
9thdayof June 1g 98
[SEAL]
Notary Public M. ROSKOPF
b e C 11. #1130198 o My Commission Expires: 4/21/2001
Comm. EXP. April 21, 2001
PAGE 8
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
RIVER AVENUE STREET RECONSTRUCTION
CONTRACT NO. 3178
NOTICE TO SUCCESSFUL BIDDER
The following Contract Documents shall be executed and delivered to the Engineer within
ten (10) days (not including Saturday, Sunday and Federal holidays) after the date of receipt of
Notice of Award to the successful bidder:
• CONTRACT
• LABOR AND MATERIALS PAYMENT BOND
• FAITHFUL PERFORMANCE BOND
• CERTIFICATE(S) OF INSURANCE
• GENERAL LIABILITY INSURANCE ENDORSEMENT
• AUTOMOBILE LIABILITY INSURANCE ENDORSEMENT
The City of Newport Beach will not permit a substitute format for these Contract
Documents. Bidders are advised to review their content with bonding, insuring and legal agents
prior to submission of bid.
The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by
an insurance organization or surety (1) currently authorized by the Insurance Commissioner to
transact business of insurance in the State of California, and (2) listed as an acceptable surety in
the latest revision of the Federal Register Circular 570.
Pursuant to Public Contract Code Section 22300, appropriate securities may be
substituted for any monies to be withheld to ensure performance under the Contract
Insurance companies affording coverage shall be (1) currently authorized by the Insurance
Commissioner to transact business of insurance in the State of California, and (2) assigned
Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance
with the latest edition of Best's Key Rating Guide: Property - Casualty. Coverages shall be
provided as specified in. the Standard Specifications for Public Works Construction, except as
modified by the Special Provisions. Certificates of Insurance and additional insured
endorsements shall be on the insurance company's forms, fully executed and delivered with the
Contract. The Notice to Proceed will not be issued until all contract documents have been
received and approved by the City.
PAGE
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
RIVER AVENUE STREET RECONSTRUCTION
CONTRACT NO. 3178
CONTRACT
THIS AGREEMENT, entered into this 22ntl day of June, 1998, by and between the CITY OF
NEWPORT BEACH, hereinafter "City," and R.J. Noble Company, hereinafter "Contractor," is
made with reference to the following facts:
A. WHEREAS, City has advertised for bids for the following described public work:
RIVER AVENUE STREET RECONSTRUCTION
Project Description
3178
Contract No.
B. WHEREAS, Contractor has been determined by City to be the lowest responsible bidder
and Contractor's bid, and the compensation set forth in this Contract, is based upon
Contractor's careful examination of all Contract documents, plans and specifications.
NOW, THEREFORE, City and Contractor agree as follows:
1. CONTRACT DOCUMENTS The complete Contract for the Project includes all of
the following documents: Notice Inviting Bids, Instructions to Bidders, Proposal,
Bidder's Bond, Non - Collusion Affidavit, Faithful Performance Bond, Labor and
Materials Payment Bond, Permits, General Conditions, Standard Plans and Standard
Special Provisions, Plans and Special Provisions for Contract No. 3178, Standard
Specifications for Public Works Construction (current edition) and all supplements and
this Agreement, and all modifications and amendments thereto (collectively the
"Contract Documents "). The Contract Documents comprise the sole agreement
between the parties as to the subject matter therein. Any representations or
agreements not specifically contained in the Contract Documents are null and void.
Any amendments must be made in writing, and signed by both parties in the manner
specified in the Contract Documents.
2. SCOPE OF WORK Contractor shall perform everything required to be
performed, and shall provide and furnish all the labor, materials, necessary tools,
expendable equipment and all utility and transportation services required for the
Project:
PAGE 10
All of the work to be performed and materials to be furnished shall be in strict
accordance with the provisions of the Contract Documents. Contractor is required to
perform all activities, at no extra cost to City which are reasonably inferable from the
Contract Documents as being necessary to produce the intended results.
3. As full compensation for the performance and completion of the Project as required by
the Contract Documents, City shall pay to Contractor and Contractor accepts as full
payment the sum of one hundred seventy four thousand six hundred twenty five and
no /100 Dollars ($174,625.00).
This compensation includes:
(a) Any loss or damage arising from the nature of the work,
(b) Any loss or damage arising from any unforeseen difficulties or obstructions in the
performance of the work,
(c) Any expense incurred as a result of any suspension or discontinuance of the work,
but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5
on the Richter Scale and tidal waves, and which loss or expense occurs prior to
acceptance of the work by City.
4. NOTICE OF CLAIMS Unless a shorter time is specified elsewhere in this Contract,
before making its final request for payment under the Contract Documents, Contractor
shall submit to City, in writing, all claims for compensation under or arising out of this
Contract. Contractor's acceptance of the final payment shall constitute a waiver of all
claims for compensation under or arising out of this Contract except those previously
made in writing and identified by Contractor in writing as unsettled at the time of its
final request for payment.
5. WRITTEN NOTICE Any written notice required to be given under the Contract
Documents shall be performed by depositing the same in the U.S. Mail, postage
prepaid, directed to the address of Contractor and to City, addressed as follows:
CITY
City of Newport Beach
Public Works Department
3300 Newport Boulevard
Newport Beach, CA 92663
Attention: Fong Tse
(949) 644 -3340
R.J. Noble Company
15505 E. Lincoln Avenue
Orange, CA 92865
(714) 637 -1550
6. LABOR CODE 3700 LIABILITY INSURANCE Contractor, by executing this
Contract, hereby certifies:
"I am aware of the provisions of Section 3700 of the Labor Code which requires every
employer to be insured against liability for Workers' Compensation or undertake self -
insurance in accordance with the provisions of the Code, and I will comply with such
provisions before commencing the performance of the work of this Contract."
• •
7. INSURANCE
PAGE 11
(a) Insurance is to be placed with insurers with a Best's rating of no less than A:VII
and insurers must be a California Admitted Insurance Company.
(b) Contractor shall furnish City with certificates of insurance and with original
endorsements effecting coverage required by this Contract. The certificates and
endorsements for each insurance policy are to be signed by a person authorized
by that insurer to bind coverage on its behalf. All certificates and endorsements
are to be received and approved by City before work commences. City reserves
the right to require complete, certified copies of all required insurance policies, at
any time.
(c) Contractor shall procure and maintain for the duration of the contract insurance
against claims for injuries to persons or damages to property which may arise
from or in connection with the performance of the work hereunder by Contractor,
his agents, representatives, employees or subcontractors. The cost of such
insurance shall be included in Contractor's bid.
A. Minimum Scope of Insurance
Coverage shall be at least as broad as:
1. Insurance Services Office Commercial General Liability coverage "occurrence" form
number CG 0001 (Edition 11/85) or Insurance Services Office form number GL 0002
(Edition 1/73) covering Comprehensive General Liability and Insurance Services
Office form number GL 0404 covering Broad Form Comprel iensive General Liability.
2. Insurance Services Office Business Auto Coverage form number CA 0001 0187
covering Automobile Liability, code 1 "any auto" and endorsement CA 0029 1288
Changes in Business Auto and Truckers Coverage forms - Insured Contract.
3. Workers' Compensation insurance as required by the Labor Code of the State of
California and Employers Liability insurance.
B. Minimum Limits of Insurance
Coverage limits shall be no less than:
1. General Liability: $1,000,000.00 combined single limit per occurrence for bodily
injury, personal injury and property damage. If Commercial Liability Insurance or
other form with a general aggregate limit is used, either the general aggregate limit
shall apply separately to this project/location or the general aggregate limit shall be
twice the required occurrence limit.
2. Automobile Liability: $1,000,000.00 combined single limit per accident for bodily
injury and property damage.
10
PAGE 12
3. Workers' Compensation and Employers Liability: Workers' compensation limits as
required by the Labor Code of the State of California and Employers Liability.
C. Deductibles and Self- Insured Retentions
Any deductibles or self- insured retentions must be declared to and approved by City.
At the option of City, either: the insurer shall reduce or eliminate such deductibles or
self- insured retentions as respects City, its officers, officials, employees and
volunteers; or Contractor shall procure a bond guaranteeing payment of losses and
related investigations, claim administration and defense expenses.
D. Other Insurance Provisions
The policies are to contain, or be endorsed to contain, the following provisions:
1. General Liability and Automobile Liability Coverages
(a) City, its officers, officials, employees and volunteers are to be covered as
additional insureds as respects: liability arising out of activities performed by or
on behalf of Contractor, including the insured's general supervision of
Contractor; products and completed operations of Contractor; premises owned,
occupied or used by Contractor; or automobiles owned, leased, hired or
borrowed by Contractor. The coverage shall contain no special limitations on the
scope of protection afforded to City, its officers, officials, employees or
volunteers.
(b) Contractor's insurance coverage shall be primary insurance and /or primary
source of recovery as respects City, its officers, officials, employees and
volunteers. Any insurance or self- insurance maintained by City, its officers,
officials, employees and volunteers shall be excess of the Contractor's insurance
and shall not contribute with it.
(c) Any failure to comply with reporting provisions of the policies shall not affect
coverage provided to City, its officers, officials, employees and volunteers.
(d) Contractor's insurance shall apply separately to each insured against whom
claim is made or suit is brought, except with respect to the limits of the insurer's
liability.
(e) The insurance afforded by the policy for contractual liability shall include liability
assumed by contractor under the indemnification /hold harmless provision
contained in this Contract.
2. Workers' Compensation and Employers Liability Coverage
The insurer shall agree to waive all rights of subrogation against City, its officers,
officials, employees and volunteers for losses arising from work performed by
Contractor for City.
3. All Coverages
0
PAGE 13
Each insurance policy required by this clause shall be endorsed to state that
coverage shall not be suspended, voided, canceled, rescinded by either party,
reduced in coverage or in limits except after thirty (30) days' prior written notice by
certified mail, return receipt requested, has been given to City.
E. Acts of God
Pursuant to Public Contract Code Section 7105, Contractor shall not be responsible for
the repairing and restoring damage to Work, when damage is determined to have
been proximately caused by an Act of God, in excess of 5 percent of the Contract
amount provided that the Work damaged is built in accordance with the plans and
specifications.
F. Right to Stop Work for Non - Compliance
City shall have the right to offer the Contractor to stop Work under this Agreement
and/or withhold any payment(s) which become due to Contractor hereunder until
Contractor demonstrates compliance with the requirements of this article.
8. RESPONSIBILITY FOR DAMAGES OR INJURY
A. City and all officers, employees and representatives thereof shall not be responsible in
any manner: for any loss or damages that may happen to the Work or any part
thereof; for any loss or damage to any of the materials or other things used or
employed in performing the Work, for injury to or death of any person either workers or
the public; or for damage to property from any cause arising from the construction of
the work by Contractor, or its subcontractors, or its workers, or anyone employed by it.
B. Contractor shall be responsible for any liability imposed by law and for injuries to or
death of any person or damage to property resulting from defects, obstructions or from
any cause arising from Contractor's work on the Project, or the work of any
subcontractor or supplier selected by the Contractor.
C. Contractor shall indemnify, hold harmless, and defend City, its officers and employees
from and against (1) any and all loss, damages, liability, claims, allegations of liability,
suits, costs and expenses for damages of any nature whatsoever, including, but not
limited to, bodily injury, death, personal injury, property damages, or any other claims
arising from any and all acts or omissions of Contractor, its employees, agents or
subcontractors in the performance of services or work conducted or performed
pursuant to this Contract; (2) use of improper materials in construction of the Work; or,
(3) any and all claims asserted by Contractor's subcontractors or suppliers on the
project, and shall include reasonable attorneys' fees and all other costs incurred in
defending any such claim. Contractor shall not be required to indemnify City from the
sole or active negligence or willful misconduct of City, its officers or employees.
0
0
PAGE 14
D. To the extent authorized by law, as much of the money due Contractor under and by
virtue of the Contract as shall be considered necessary by City may be retained by it
until disposition has been made of such suits or claims for damages as aforesaid.
E. Nothing in this article, nor any other portion of the Contract Documents shall be
construed as authorizing any award of attorneys' fees in any action to enforce the
terms of this Contract, except to the extent provided for in "C" above.
F. The rights and obligations set forth in this Article shall survive the termination of this
Contract.
9. EFFECT OF CONTRACTOR'S EXECUTION Execution of this Contract and all
other Contract Documents by Contractor is a representation that Contractor has visited
the Project Site, has become familiar with the local conditions under which the work is
to be performed, and has correlated all relevant observations with the requirements of
the Contract Documents.
10. CONFLICT If there is a conflict between provisions of this Contract and any other
Contract Document, the provisions of this Contract shall prevail.
11. WAIVER A waiver by City or any term, covenant, or condition in the Contract
Documents shall not be deemed to be a waiver of any subsequent breach of the same
or any other term, covenant or condition.
IN WITNESS WHEREOF, the p;%0 ve caused this contract to be executed the day
and year first written above. t'P� lk
Q �.r
d� trn rat < z C -�� wv By
CITY CLERK
APP V D S TO FORM: CONTRACTOR R. J. NOBLE COMPANY
By. Qz�n- 4ct'f-4—
CI ATT EY A&Wrized Signature and Title
JIM GRACE, PRESIDENT
0
State of CALIFORNIA
County of ORANGE
On JUNE 26, 1998 before me, M.A. GROSKOPF
(DATE) INAME/TITLE OF OFF(CER.i.e.VANE DOE. NOTARY PUBLIC')
personally appeared JIM GRACE, PRESIDENT
(NAMEISI OF SIGNERISI)
OF R. J. NOBLE COMPANY
personally known to me -OR- ❑
M.A. UHuc) "T r 1
COMM #1130198
NOTAORANGE . COUNTY RNIA
My Comm. Exp. April 21, 2001
proved to me on the
basis of satisfactory
evidence to be the
person(s) whose name(s)
Is /are subscribed to the
within instrument and
acknowledged to me that
he /she /they executed the
same in his /her /their
authorized capacity(ies),
and that by his /her /their
signature(s) on the
instrument the person (s),
or the entity upon behalf
of which the person(s)
acted, executed the
instrument.
Witness my hand and official seal
(SEAL) f,
ATTENTION NOTARY
The information requested below and in the column to the right is OPTIONAL.
Recording of this document is not required by law and is also optional.
It could, however, prevent fraudulent attachment of this certificate to any
unauthorized document.
THIS CERTIFICATE
MUST BE ATTACHED
TO THE DOCUMENT
DESCRIBED AT RIGHT:
Title or Type of Document
Number of Pages Date of Document
Signed.) Other Than Named Above
WOLCOTTS FORM 53340 Rev. 3.94 )Price chae B -3AI 01994 WOLCOTTS FORMS, INC.
ALL PURPOSE ACKNOWLEDGMENT WITH SIGNER CAPACITY/REPRESENTATIONR O FINGERPRINTS
RIGHT THUMBPRINT (Optional)
0
0
CAPACITY CLAIMED BY SIGNERIS)
❑INDIVIDUALIS)
i{rXCORPORATE
OFFICER(S)
❑PARTNER($) ❑LIMITED
DGENERAL
OATTORNEY IN FACT
OTRUSTEE(S)
D G U A RD IA N /CONSERVATOR
OOTHER:
SIGNER IS REPRESENTING:
(Name of Person(s) or Entity(ies)
R. J. NOBLE COMPANY
RIGHT THUMBPRINT (Optional)
0
CAPACITY CLAIMED BY SIGNER(S)
❑INDIVIDUAL(S)
❑CORPORATE
OFFICER(S)
ITITUSI
OPARTNERIS) ❑LIMITED
DGENERAL
OATTORNEY IN FACT
OTRUSTEEIS)
O G UARDIA N /CONSERVATOR
DOTHER:
SIGNER IS REPRESENTING:
blame of Person(s) or Entity(ies)
11111111111111111111111111�I11 B
0 0
POWER OF ATTORNEY
FEDERAL INSURANCE COMPANY
ATTN: SURETY DEPARTMENT
15 Mountain View Road, Warren, NJ 07059
Telephone: (908) 903 -2000
Fax No.: (908) 903 -3656
Know all Men by these Presents, That FEDERAL INSURANCE COMPANY, an Indiana Corporation, has constituted and
appointed, and does hereby constitute and appoint Michael D. Stong, Rosemary Standley, Susan C. Monteon and
Shawn Blume of Riverside, Calif ornia-------------------------------------- -------- -- ------ -- ------- -- - - --
each its true and IawfulAttomey -in -Fact to execute under such designation in its name and to affix its corporate seal to and deliver
for and on its behalf as surety thereon or otherwise, bonds of any of the following classes, to -wit:
1. Bonds and Undertakings (other than Bail Bonds) filed in any suit, matter or proceeding in any Court, or filed with any
Sheriff or Magistrate, for the doing or not doing of anything specked in such Bond or Undertaking.
2. Surety bonds to the United States of America or any agency thereof, including those required or permitted under the
laws or regulations relating to Customs or Internal Revenue; License and Permit Bonds or other indemnity bonds.
under the laws, ordinances or regulations of any State, City, Town, Village, Board or other body or organization, public
or private; bonds to Transportation Companies, Lost Instrument Bonds; Lease Bonds, Workers' Compensation Bonds,
Miscellaneous Surety Bonds and bonds on behalf of Notaries Public, Sheriffs, Deputy Sheriffs and similar public
officials.
3. Bonds on behalf of contractors in connection with bids, proposals or contracts.
In Witness Whereof, the said FEDERAL INSURANCE COMPANY has, pursuant to its By -Laws, caused these presents to
be signed by its Vice President and Assistant Secretary and its corporate seal to be hereto affixed this loth
davAf,'imo _Y''ZUer 19 95
Assistant Secretary
STATE OF NEW JERSEY SS.
County of Somerset
FEDERAL INSURANCE COMPANY
BY
/J .4 'J. Ylt w
Gerardo G. Mauriz
Vice President
On this loth day of November 19 95, before me personally came Kenneth C. Wendel to me known and by
me known to be Assistant Secretary of FEDERAL INSURANCE COMPANY, the corporation described in and which executed the
foregoing Power of Attorney, and the said Kenneth C. Wendel being by me duly swom, did depose and say that he is Assistant
Secretary of FEDERAL INSURANCE COMPANY and knows the corporate seal thereof; that the seal affixed to the foregoing
Power of Attorney is such corporate seal and was thereto affixed by authority of the By -Laws of said Company, and that he signed
said Power ofAttomey as Assistant Secretary of said Company by like authority; and that he is acquainted with Gerardo G. Mauriz
and knows him to be the Vice President of said Company, and that the signature of said Gerardo G. Mauriz subscribed to said
Power of Attorney is in the genuine handwriting of said Gerardo G. Mauriz and was thereto subscribed by authority of said By-
Laws and in deponent's presence.
Notarial Seal
Acknowledged and Sworn to before me
, on the date above written.
Notary Public
IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM, VERIFY THE AUTHENTICITY OF THIS BOND OR
NOTIFY US OF ANY OTHER MATTER, PLEASE WRITE TO US AT THE ADDRESS LISTED ABOVE.
Forth 15- 10-0134 (Rev.994) GENERAL
Notary Public.
Commission Exp!:c'--.,c':,
CERTIFICATION
STATE OF NEW JERSEY t ss.
County of Somerset f
I, the undersigned, Assistant Secretary of FEDERAL INSURANCE COMPANY, do hereby certify that the following is a true
excerpt from the By -Laws of the said Company as adopted by its Board of Directors and that this By -Law is in full force and effect.
'ARTICLE XVill.
Section 2. All bonds, undertakings, contracts a id other instruments other than as above for and on behalf of the Company
which it is authorized by law or its charter to exi icute, may and shall be executed in the name and on behalf of the Company
either by the Chairman or the Vice Chairman o the President or a Vice President, jointly with the Secretary or an Assistant
Secretary, under their respective designations except that any one or more officers or attomeys -in -fact designated in any
resolution of the Board of Directors or the Exe cutive Committee, or in any power of attomey executed as provided for in
Section 3 below, may execute any such bond] undertaking or other obligation as provided in such resolution or power of
attorney. attoey.
Section 3. All powers of attomey for and on bet ialf of the Company may and shall be executed in the name and on behalf of
the Company, either by the Chairman or the Vice Chairman or the President or a Vice President or an Assistant Vice
President, jointly with the Secretary or an Assi Aant Secretary, under their respective designations. The signature of such
officers may be engraved, printed or Ikhograpt�ed. The signature of each of the following officers: Chairman, Vice Chair-
man, President, any Vice President, any Assi nt Vice President, any Secretary, any Assistant Secretary and the seal of
the Company maybe affixed by facsimile to arjy power of attorney or to any certificate relating thereto appointing Assistant
Secretaries or Attomeys -in -Fact for purposes ,bonly of executing and attesting bonds and undertakings and other writings
obligatory in the nature thereof, and any such ower of attorney or certificate bearing such facsimile signature or facsimile
seal shall be valid and binding upon the Com ny and any such power so executed and certified by such facsimile signa-
ture and facsimile seal shall be valid and bind i g upon the Company with respect to any bond or undertaking to which it is
attached.'
I further certify that said FEDERAL INSURANC COMPANY is duly licensed to transact fidelity and surety business in each of
the States of the United States of America, District of Columbia, Puerto Rico, and each of the Provinces of Canada with the
exception of Prince Edward Island; and is also d ily licensed to become sole surety on bonds, undertakings, etc., permitted or
required by the law.
1, the undersigned Assistant Secretary of FEDE RAL INSURANCE COMPANY, do hereby certify that the foregoing Power of
Attorney is in full force and effect.
I
Given under my hand and the seal of said Company at Warren, N.J., this °� r Y1 day of Juhk , 19 9 9_
Assistant Secretary /
Ell
n..0 CN (714)788 -0007 FAX (714)788 -0072
lillennium Risk Management & Insurance Services
7700 Irvine Center Drive
Suite 505
Irvine, CA 92618
Attn: Leonard Ziminsky Ext:
INSURED
R. J. Noble Co.
15505 Lincoln Ave.
P. 0. Box 620
Orange, CA 92865
DATE (MM/UDIN /)
07/01/1998
1ND CONFERS NO RIGHTS UPON THE CERTIFICATE
R. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
THE COVERAGE AFFORDED BY THE POLICIES BELOW.
COMPANY Lexington Insurance Co. /WW
A
COMPANY Valley Forge Insurance Co. /CNA
B
COMPANY California Compensation
C
COMPANY
D
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION: LIMITS
DATE (MMIDD(YY) DATE (MWDD/YY)
OTHER
ty, its officers, officials, employees and volunteers are named Additional Insureds /Primary as
spects General and Auto Liability per attached endorsements /Waiver of Subrogation for WC is attached
. River Ave. St. Reconstruction / Contract #3178 / °10 -day notice of CANCELLATION for non -pay
N Im V = A V/ r ° ,y SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
PIRATION DATE THEREOF, THE ISSUING COMPANY WILL MAIL
City of Newport Beach DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
Public works Department
Attn: Fong Tse Jl1L 3 — x�Itx9CNWFDSXN9BIXkR )Q)t919NQ7A('9Qt90t9@XHXX
3300 Newport Boulevard XXXXXXX
Newport Beach, CA 92663 �` .,;, AUT RIZEDREPRESENTA7IVE PUBLIC
NR'WPi)RT
GENERAL LIABILITY
.......
GENERAL AGGREGATE
:.
S 2,000,000
X COMMERCIAL GENERAL LIABILITY
..._._...... .......... ..... ....._.........................
PRODUCTS - COMP /OP A G G
S 2,000,000
A
CLAIMS MADE ' X OCCUR
-
5357086
07/01/1998
` PERSONALS ADV INJURY
07/01/1999 ...........................................
$ 1 , OOO , OOO
X OWNERS& CONTRACTOR'S PROT'
EACH OCCURRENCE
S 1,000,000
....... ._ ............... ............ .........
FIRE DAMAGE (Any one fire)
.................. ._.._.__....................
S 50,000
... ._._._.............._..........
MED EXP (Any one person)
5 5,000
AUTOMOBILE LIABILITY
X ANY AUTO
i COMBINED SINGLE LIMIT
$
1'000,000
ALL OWNED AUTOS
....
BODILY INJURY
S
SCHEDULED AUTOS
:(Per person)
B
1073288080
07/01/1998
07/01/1999
X NIREDauros
BODILY INJURY
$
X NON -OWNED AUTOS
(Per accident)
.... .. _ ............... ...................._._...._..:
'
PROPERTY DAMAGE
$
GARAGE LIABILITY
........
-
AUTO ONLY - EA ACCIDENT
$
ANY AUTO
......................
OTHER THAN AUTO ONLY
.,
... .......... .......................
.
EACH ACCIDENT
'.......................
$
..._._._._. ...................
AGGREGATE
. ..............
S
EXCESS LIABILITY
-
EACH OCCURRENCE
$
........
X UMBRELLA FORM
............. ................ ....
:AGGREGATE
_.__._.._..._... .......... .....
E
OTHER THAN UMBRELLA FORM
S
WORKERS COMPENSATION AND
f X TORY LIMITS : ER
EMPLOYERS' LIABILITY
C
.......
W987179201
07/01/1995
EL EACH ACCIDENT
07/01/1999 .......................... .._._._..._._.................
rHEPROPRIETOR INCL
EL DISEASE - POLICY LIMIT
S 1,000,000
PARTNERS /EXECUTIVE
OFFICERS ARE EXCL
EL DISEASE - EA EMPLOYEE
S
OTHER
ty, its officers, officials, employees and volunteers are named Additional Insureds /Primary as
spects General and Auto Liability per attached endorsements /Waiver of Subrogation for WC is attached
. River Ave. St. Reconstruction / Contract #3178 / °10 -day notice of CANCELLATION for non -pay
N Im V = A V/ r ° ,y SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
PIRATION DATE THEREOF, THE ISSUING COMPANY WILL MAIL
City of Newport Beach DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
Public works Department
Attn: Fong Tse Jl1L 3 — x�Itx9CNWFDSXN9BIXkR )Q)t919NQ7A('9Qt90t9@XHXX
3300 Newport Boulevard XXXXXXX
Newport Beach, CA 92663 �` .,;, AUT RIZEDREPRESENTA7IVE PUBLIC
NR'WPi)RT
City of Newport Beach
Certificate issued to City of Newport Beach
07/01/1998
Policy #5357086
07/01/1998
City, its officers, officials, employees and volunteers are to be covered as additional insureds as
respects: liability arising out of activities performed by or on behalf of Contractor, including the
insured's general supervision of Contractor, products and completed operations of Contractor's premise
owned, occupied or used by Contractor, or automobiles owned, leased, hired or borrowed by Contractor.
The coverage shall contain no special limitations on the scope of protection afforded to City, its
officers, officials, employees or volunteers.
Contractor's insurance coverage shall be primary insurance and /or primary source of recovery as respects
City, its officers, officials, employees and volunteers. Any insurance or self- insurance maintained by
City, its officers, officials, employees and volunteers shall be excess of the Contractor's insurance and
shall not contribute with it.
-Policy Number 5357086 • Commercial General Liability
THIS ENDORSEMENT CHANGES THE POLICY - PLEASE READ IT CAREFULLY
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS (FORM B)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART:
SCHEDULE
Name of Person or Organizations:
City of Newport Beach, its officers,
officials, employees and volunteers
3300 Newport Boulevard
Newport Beach, CA 92663
RE: River Avenue Street Improvements / Contract #3178
(If no entry appears above, information required to complete this endorsement will be shown in the Declarations
as applicable to this endorsement.)
WHO IS AN INSURED (Section II) Is amended to include as an insured the person or organization shown in the
Schedule, but only with respects to liability arising out of "your work" for that insured by or for you.
PRIMARY WORDING:
"IT IS FURTHER AGREED THAT SUCH INSURANCE AS IS AFFORDED BY THE POLICY FOR
THE BENEFIT OF THE ADDITIONAL INSURED SHOWN ABOVE SHALL BE PRIMARY
INSURANCE, BUT ONLY AS RESPECTS ANY CLAIMS, LOSS OR LIABILITY ARISING OUT
OF THE NAMED INSUREDS OPERATIONS ON THIS PROJECT AND ANY INSURANCE
MAINTAINED BY THE ADDITIONAL INSURED SHALL BE NON - CONTRIBUTING ".
CG 20 10 11 85 Copyright Insurance Services Office, Inc. 1984
CNA
0
10
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY
ADDITIONAL INSURED
THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING:
BUSINESS AUTO COVERAGE FORM
GARAGE COVERAGE FORM
TRUCKERS COVERAGE FORM
SCHEDULE
LOCATION
WHO IS AN INSURED (SECTION II) IS AMENDED TO INCLUDE AS AN INSURED THE PERSON(S) OR
ORGANIZATION(S) SHOWN IN THE SCHEDULE BUT ONLY WITH RESPECT TO THEIR LIABILITY
ARISING OUT OF:
a) YOUR WORK FOR THE ADDITIONAL INSURED(S) AT THE LOCATION DESIGNATED, OR
b) ACTS OR OMISSIONS OF THE ADDITIONAL INSURED(S) IN CONNECTION WITH THEIR
GENERAL SUPERVISION OF "YOUR WORK" AT THE LOCATION SHOWN IN THE SCHEDULE
FOR CLAIMS ARISING OUT OF OPERATION, MAINTENANCE, OR USE OF A COVERED AUTO.
THIS INSURANCE SHALL BE PRIMARY INSURANCE OVER ANY OTHER INSURANCE AVAILABLE
TO THE SCHEDULED INSURED.
City of Newport Beach, its officers, officials, employees and volunteers
Public Works Department
3300 Newport Boulevard
Newport Beach, CA 92663
RE: River Avenue Street Reconstruction / Contract #3178
UCA 229
This endorsement is a part of your policy and takes effect on the effective date of your policy, unless another
effective date is shown below:
Must be Completed
Complete Only When
This Endorsement Is Not
Prepared with the Policy
Or is Not to be Effective with
the Policy
Endt No. Policy No.
Issued to
Effective date of
This endorsement
1073288080
R.J. Noble Co.
July 1, 1998
Countersigned by: 4e5r,�,!
Authorized Representative
G39543A
C ixo p
E cr.et 1, H E 0 1.7?
• WORKERS COMPENSA'nON
and
CAtirp V4�A CpMPENS+TION
I N S U R A N C E c o M PA N V EMPLOYERS LABILITY INSURANCE POLICY
California
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS
FORM NUMBER
WC- 0403 -06
We have the right to recover our payments from anyone liable for an injury covered by
this policy. We will not enforce our right against the person(s) or organization(s) named
in the Schedule. (This agreement applies only to the extent that you perform work under
a written contract that requires you to obtain this agreement from us.)
You must maintain payroll records accurately segregating the remuneration of your
employees while engaged in the work described in the Schedule.
The additional premium for this endorsement shall be 5% of the California Workers'
Compensation premium otherwise due on such remuneration.
Minimum Premium: $50
Schedule:
Person or Organization:
Jolz Description:
City of Newport Beach, its officers, officials, employees and volunteers
Public Works Department
3300 Newport Boulevard
Newport Beach, CA 92663
RE: River Avenue Street Reconstruction / Contract #3178
This endorsement changes the policy to which it Is attached and is effective cn the date issued unless otherwise stated.
Me information below is required only when this endorsement is issued subsequent to preparation of the poky.)
Endorsement Effective July 1 r 19 9 8 Polfcy No. V687179201
Insured
R.J. NOBLE C PANY (A CORP)
Date Printed: 00126/96 (Sys Id 8902) UNOERWRITING COPY
Endorsement No.
Supercedes
CALCOMP INSURANCE COMPANY
- ?%(Urde"ni
0 0
Page PR -1
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
PROPOSAL
RIVER AVENUE STREET RECONSTRUCTION
CONTRACT NO. 3178
To the Honorable City Council
City of Newport Beach
3300 Newport Boulevard, P. O. Box 1768
Newport Beach, California 92663 -8915
Gentlemen:
The undersigned declares that he has carefully examined the location of the work, has read the
Instructions to the Bidders, has examined the Plans and Special Provisions, and hereby proposes
to furnish all materials except that material supplied by the City and shall perform all work required
to complete Contract No. 3178 in accord with the Plans and Special Provisions, and will take in
full payment therefore the following unit prices for the work, complete in place, to wit:
ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL
AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE
1. Lump Sum Mobilization
@ SEVEN THOUSAND Dollars
ONE HUNDRED DOLLA%�d
& NO CENTS Cents $ 7,100.00 $ 7,100.00
Per Lump Sum
2. Lump Sum Traffic Control
@ EIGHT THOUSAND Dollars
SIX HUNDRED DOLLAwd
NO Cents $ 8,600.00 $ 8,600.00
Per Lump Sum
3, 675 C. Y. Cold Mill and Dispose of AC Pavement
@ TWENTY THREE Dollars
EIGHTY and
Cents $ 23.80 $ 16,065.00
Per Cubic Yard
0 0
Page PR -2
ITEM
QUANTITY
ITEM DESCRIPTION AND UNIT
UNIT
TOTAL
AND UNIT
PRICE WRITTEN IN WORDS
PRICE
PRICE
4.
12,600 S. Y.
Provide and Install Pavement
Reinforcing Fabric
@NO Dollars
SEVENTY Cents
$ •70
$ 8,820.00
Per Square Yard
5.
800 S.F.
Remove Ex. AC Pavement and
Construct P.C.C. Cross Gutter
@SIX Dollars
SEVENTY FIVE Cents
$ 6.75
$ 5,400.00
Per Square Foot
6.
1,550 Tons
A. C. Pavement and Leveling Course
@THIRTY ONE Dollars
and
TWENTY FIVE Cents
$ 31.25
$48,437.50
Per Ton
7.
2,700 S. F.
Remove and Replace P.C.C.
Cross Gutter
@EIGHT Dollars
and
NO Cents
$ 8.00
$ 21, 600.00
Per Square Foot
8.
1,200 L. F.
Remove and Replace P.C.C. Curb
and 18" Wide Gutter
@SIXTEEN Dollars
and
NO Cents
$ 16.00
$ 19,200.00
Per Linear Foot
9. 325 S. F. Remove and Replace PCC Drive
Approach
@ SIX Dollars
FIFTY Cents $ 6.50 $ 2,112.50
Per Square Foot
Page PR -3
ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL
AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE
10. 1,500 S. F. Remove and Replace P.C.C.
Sidewalk
11. 10 Each
12. 35 Each
13. 7 Each
@FIVE Dollars
and
NO Cents
Per Square Foot
Adjust Manhole Frames and Covers
to Grade
@ONE HUNDRED SIXTY Dollars
FIVE DOLLARS & and
NO Cents
Per Each
Adjust Utility Valves and Covers to
Grade
@ONE HUNDRED FIFTY Dollars
and
NO Cents
Per Each
Adjust Electrical Boxes and Covers
to Grade
@ SEVENTY FIVE Dollars
and
NO Cents
Per Each
14. Lump Sum Install Traffic Striping, Markings,
Markers, Etc.
525.00
@ FOUR THOUSAND
Dollars
$ 4,000.00
and
NO
Cents
Per Lump Sum
15. 3 Each Construct P.C.C. Curb Access
Ramp Per Detail -A
@ EIGHT HUNDRED
Dollars
and
NO
Cents
Per Each
$ 5.00 $ 7,500.00
$ 165.00 $ 1,650.00
$ 150.00 $ 5,250.00
$ 75.00
s
525.00
$ 4,000.00
$
4,000.00
$ 800.00 $ 2,400.00
Page PR-4
ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL
AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE
16, 4 Each Construct P.C.C. Curb Access
Ramp Per Detail -B
@ NINE HUNDRED Dollars
NO Cents $ 900.00 $ 3,600.00
Per Each
17. 11 Each Construct P.C.C. Curb Access
Ramp Per Case -H
@ SEVEN HUNDRED Dollars
SEVENTY FIVE DOLLAI&nd
NO Cents $ 775.00 $ 8,525.00
Per Each
18. 1,600 L.F. Construct 1 -Foot Minimum Width
4" AC over 4" AB Patch Back
@ TWO Dollars
FORTY Cents $ 2.40 $ 3,840.00
Per Linear Foot
TOTAL PRICE IN WRITTEN WORDS
ONE HUNDRED SEVENTY FOUR THOUSAND Dollars
SIX HUNDRED TWENTY FIVE DOLLARS and
NO
Cents $ 174,625.00
Total Price
Bidder's Name R. J NOBLE COMPANY
Bidder's Address 15505 E. Lincoln Avenue, Crane, CA. 92865
Bidder's Telephone Number 714 - 637 -1550
Contractor's License No. & Classification A-121735 A
June 9, 1998 tl wo z-e�- (i6lfV
Date Authorized Signature &Tifle
PAUL H. CLEARY, JR, PRESIDENT
0 0
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
Lobana Engineering
1130 Thompson Avenue
Glendale, California 91201
Gentlemen:
(714) 6443005
July 6,1998
Thank you for your courtesy in submitting a bid for the River Avenue Street
Reconstruction (Contract No. 3178) in the City of Newport Beach.
Enclosed is the Bid Bond which accompanied your proposal for the above mentioned
project. Your cooperation in working with us on this matter is greatly appreciated, and
we hope that you will accept future opportunities to bid on projects of a similiar nature.
Enclosure
Sincerely,
LaVonne M. Harkless, CMC /AAE
City Clerk
3300 Newport Boulevard, Newport Beach
0 0
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
Pave West
320 North Palm Street, Suite A
Brea, California 92821 -2882
Gentlemen:
(714) 6443005
July 6,1998
Thank you for your courtesy in submitting a bid for the River Avenue Street
Reconstruction (Contract No. 3178) in the City of Newport Beach.
Enclosed is the Bid Bond which accompanied your proposal for the above mentioned
project. Your cooperation in working with us on this matter is greatly appreciated, and
we hope that you will accept future opportunities to bid on projects of a similiar nature.
Enclosure
Sincerely,
LaVonne M. Harkless, CMC /AAE
City Clerk
3300 Newport Boulevard, Newport Beach
0 0
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
Holland -Lowe Construction, Inc.
541 N. Main Street, Suite 104 -350
Corona, California 91720 -2043
Gentlemen:
(714) 644 -3005
July 6,1998
Thank you for your courtesy in submitting a bid for the River Avenue Street
Reconstruction (Contract No. 3178) in the City of Newport Beach.
Enclosed is the Bid Bond which accompanied your proposal for the above mentioned
project. Your cooperation in working with us on this matter is greatly appreciated, and
we hope that you will accept future opportunities to bid on projects of a similiar nature.
Enclosure
Sincerely,
LaVonne M. Harkless, CMC /AAE
City Clerk
3300 Newport Boulevard, Newport Beach
0
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
Excel Paving Company
Post Office Box 16405
Long Beach, California 90806 -5195
Gentlemen:
(714) 6443005
July 6, 1998
Thank you for your courtesy in submitting a bid for the River Avenue Street
Reconstruction (Contract No. 3178) in the City of Newport Beach.
Enclosed is the Bid Bond which accompanied your proposal for the above mentioned
project. Your cooperation in working with us on this matter is greatly appreciated, and
we hope that you will accept future opportunities to bid on projects of a similiar nature.
Enclosure
Sincerely,
LaVonne M. Harkless, CMC /AAE
City Clerk
3300 Newport Boulevard, Newport Beach
0 0
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
All American Asphalt
Post Office Box 2229
Corona, California 91718 -2229
Gentlemen:
(714) 644 -3005
July 6, 1998
Thank you for your courtesy in submitting a bid for the River Avenue Street
Reconstruction (Contract No. 3178) in the City of Newport Beach.
Enclosed is the Bid Bond which accompanied your proposal for the above mentioned
project. Your cooperation in working with us on this matter is greatly appreciated, and
we hope that you will accept future opportunities to bid on projects of a similiar nature.
Enclosure
Sincerely,
�-
�/ l�� M - d
LaVonne M. Harkless, CMC /AAE
City Clerk
3300 Newport Boulevard, Newport Beach
• •
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
Nobest, Incorporated
Post Office Box 874
Westminster, California 92684
Gentlemen:
(714) 644 -3005
July 6,1998
Thank you for your courtesy in submitting a bid for the River Avenue Street
Reconstruction (Contract No. 3178) in the City of Newport Beach.
Enclosed is the Bid Bond which accompanied your proposal for the above mentioned
project. Your cooperation in working with us on this matter is greatly appreciated, and
we hope that you will accept future opportunities to bid on projects of a similiar nature.
Enclosure
Sincerely,
LaVonne M. Harkless, CMC /AAE
City Clerk
3300 Newport Boulevard, Newport Beach
June 22,1998
CITY COUNCIL AGENDA
i;Y 1 HE CIT,' COUNCIL
CI il' OF NEWPORT BEACH
TO: MAYOR AND MEMBERS OF THE CITY COUNCIL 2 2 i8
FROM: PUBLIC WORKS DEPARTMENT
SUBJECT: RIVER AVENUE STREET RECONSTRUCTION —AWARD OF
CONTRACT NO. 3178
RECOMMENDATIONS:
1. Approve the Plans and Specifications.
2. Award Contract No. 3178 to R.J. Noble Company of Orange for the total amount
of $174,625.00, and authorize the Mayor and the City Clerk to execute the
contract.
3. Establish an amount of $17,462 to cover the cost of materials testing and
unforeseen work.
DISCUSSION:
On June 9, 1998 at 11:00 A.M., the City Clerk opened and read the following bids for
this project:
BIDDER
TOTAL BID PRICE
Low
R.J. Noble Company of Orange
$174,625.00
2nd
Lobana Engineering of Glendale
$181,432.50
3n'
Pave West of Brea
$181,550.00
4°i
Holland -Lowe of Corona
$184,851.25
5d'
Excel Paving Company of Long Beach
$196,797.50
6'"
All American Asphalt Company of Corona
$202,796.00
•
7'"
Nobest Incorporated of Westminster
$205,050.00
SUBJECT: RIVER AVENUOREET RECONSTRUCTION —AWARD OF CACT NO. 3178
June 22, 1997
Page 2
The low total bid price of $174,626.00 is 17% below the Engineer's estimate of
$210,000. The low bidder, R.J. NobleCompany, is a well- qualified general engineering
contractor who possesses a Class -A Contractor's license. R.J. Noble has satisfactorily
completed numerous construction projects for the City and other Southern California
agencies.
The City staff designed improvements to be constructed under this contract include the
pavement resurfacing of River Avenue from Balboa Boulevard to its northerly street end
at Lido Sands Drive; the removal and replacement of deteriorated concrete curb and
gutter, sidewalk, and cross gutters; the construction of new concrete cross gutters at Jo
Ann Way and at Caryl Court to improve surface water drainage; the construction of
concrete curb access ramps; the installation of new pavement traffic striping and
markings; and appurtenant work.
In order to accommodate the anticipated visitors in the area during the summer months,
the Contractor is required to delayi the commencement of any construction until
September 21, 1998. All work must be completed within twenty (20) consecutive
working days of the Notice To Proceed.
Sufficient funding is available in the following account:
Fund
River Avenue Street Re onstruction
Respectfully submitted,
PUBLIC WORKS DEPARTMENT
Don Webb, Director
By:
Fong se, P.E.
Assistant Engineer
Attachment: Project Location Map
Bid Summary
f: 4jroupsVubworks lcouncing8yune- 22kiver.doo
Account No. Amount
7013- C5100364 $192,087.00
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